SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2001 SESSION

  • | print version

HB 1226 Publication of procedure for changing special education placements.

Introduced by: A. Donald McEachin | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Publication of procedure for changing special education placements. Directs the Board of Education to publicize and disseminate, to parents of students who are enrolled in special education programs or for whom a special education placement has been recommended, information regarding current federal law and regulation addressing procedures and rights related to the placement and withdrawal of children in special education. Pursuant to a second enactment, the Superintendent of Public Instruction must apprise local school boards of the provisions of this act by Superintendent's Administrative Memorandum no later than 30 days after its enactment. This bill is a recommendation of the Joint Subcommittee Studying the Overrepresentation of African-American Students in Special Education Programs.

SUMMARY AS PASSED HOUSE:

Publication of procedure for changing special education placements. Directs the Board of Education to publicize and disseminate to parents of students who are enrolled in special education programs or for whom a special education placement has been recommended information regarding current federal law and regulation addressing procedures and rights related to the placement and withdrawal of children in special education. In addition, the Superintendent of Public Instruction shall apprise local school boards of the provisions of this act by Superintendent's Administrative Memorandum no later than 30 days after its enactment. This bill is a recommendation of the Joint Subcommittee Studying the Overrepresentation of African-American Students in Special Education Programs.

SUMMARY AS INTRODUCED:

Publication of procedure for changing special education placements. Requires the Board of Education to publicize and disseminate widely, information regarding the rights of parents to (i) reject or contest the special education placement committee's recommendation that a child be placed in a special education program, and (ii) withdraw a child from such program whether or not the three-year period for evaluating student placements has elapsed, and whenever the parent determines that the placement was unwarranted and continuation of the placement cannot be justified. The Board of Education is required also to establish procedures in the regulations that protect parents from undue pressure and influence to reverse their position. The Board must promulgate emergency regulations to implement the provisions of the law and the Superintendent of Public Instruction must advise local school divisions of the provisions of the law within 30 days of its passage.

This bill is a recommendation of the Joint Subcommittee Studying the Overrepresentation of African-American Students in Special Education Programs.